1. They sign a terms of use agreement.
2. 23andMe asks for "are you sure, this can have impact on your health?" when you want to see your health risks.
3. 23AndMe interface has health risks with a "confidence level", for example, my Alzheimer's probability is 10% higher than avg risk and confidence level is 4/4.
I find your argument invalid. If they get an approval from FDA, is it going to change their data processing logic or data set?